It is hereby declared to be the public policy of the
City of Oswego to preserve, protect and improve its environment and
its air, land and water resources in order to promote the health,
safety, welfare and comfort of the inhabitants of the city.

The improper disposal of industrial and chemical wastes
and other hazardous substances is resulting in an adverse impact on
the health, safety and welfare of the people of the City of Oswego.
The need for safe and environmentally sound waste management is especially
acute with regard to the incineration or disposal, by burning or by
other means, of such wastes.

Any sudden, unexpected or unforeseen condition which poses
an immediate threat to the public health, safety or welfare as to
require immediate action or a condition which is reasonably believed
to require immediate action to enforce the provisions and regulations
of this Article.

Any waste or combination of wastes which poses a present
or potential hazard to the health and welfare of humans, living organisms
or the environment. It includes, but is not limited to, those materials
listed in the current 49 CFR 172.

The presence in the environment of one (1) or more conditions
or air contaminants formed as a result of a waste disposal process,
which are in quantities which are or may be injurious to the public
health, safety and welfare and interfere with the comfortable enjoyment
of life and property.

Any privately owned building, premises, equipment or other
property used for the storage, containment, processing and disposal
of wastes. Without limiting the generality of the foregoing, this
term shall include privately owned and operated incinerators and similar
disposal facilities.

Permit required. No person shall establish or operate
any facility for any method of waste and hazardous waste processing
and disposal without having first obtained a permit from the Common
Council in accordance with the provisions of this section.

A person shall be in violation of this Article if
he allows property or land under his control to be used for the disposal
of any waste, hazardous waste or containers for such wastes unless
permission for such use has been granted by the Common Council.

A person shall be in violation of this Article if
he permits or causes the release of toxic pollutants or toxic substances
of any kind at any waste disposal facility or upon property or land
under his control or occupation.

Compliance with all regulations required. As of December
31, 1980, no person shall construct, operate or cause to be used any
waste disposal facility unless it is capable of being operated in
full compliance with the provisions of this Article, in addition to
the applicable federal and state regulations. The application for
a permit and the permit itself shall both clearly state this condition.

Where an environmental quality review is or shall
be required by any federal, state or local law, the applicant shall
furnish all the necessary information and bear the expense of preparation
of any environmental impact statement.

The City Engineer shall review and consider all permit
applications submitted to the Common Council for the operation of
waste disposal facilities and, after consideration, recommend, with
documentation, to the Common Council that a permit be granted or denied.

The Common Council shall issue a permit if, after
such review and consideration of the City Engineer's report, it determines
that such a facility will be in compliance with the standards and
requirements of this Article.

The issuance of any permit shall be contingent upon
the applicant furnishing to the city a bond or other security in the
amount of five hundred thousand dollars ($500,000.), naming the City
of Oswego as obligee. The condition of the bond or security shall
be that, if the principal fails to comply with any of the provisions
of this Article or for any reason ceases to operate or abandons the
disposal facility, the obligor and the sureties on the bond or security
shall reimburse the city, to the extent of the bond or security, for
any and all expenses incurred in restoring or dismantling the facility.

Unless otherwise provided by the Common Council, any
permit issued shall be valid for one (1) year, with provision for
renewal. The application for renewal shall contain a statement of
any changes in the information submitted in the last approved permit
application and shall be made, in writing, to the Common Council at
least thirty (30) days in advance of the expiration of the permit.
If the permit is not renewed, the applicant shall be notified, in
writing, of the reasons therefor.

No
such permit shall be granted to or renewed for an applicant who is
in violation of any City of Oswego code, ordinance or local law (hereinafter
"violations") or who owes property taxes, water or sewer fees, special
assessments, fines for violations of City ordinances or any other
fees or past due monies of any name or nature owed to the City of
Oswego (hereinafter "unpaid monies").

In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by applicant or are personal to the applicant.

In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this local law.

Such permit, once granted, shall be revoked in the event that
the applicant accrues violations or unpaid monies, or violations or
unpaid monies are discovered, after the permit is granted. The revocation
shall take effect five business days after receipt by the permit holder
of notice from the City of Oswego of the pending revocation. Upon
such revocation, all permitted activities and privileges shall immediately
cease.

The applicant must reapply for the issuance of such revoked
permit by submitting a new application and paying all necessary application
fees, and any such permitted activities or privileges may only be
resumed once a new permit has been granted.

All requirements set forth herein shall also apply to nonperson
entities and such permit or renewal thereof shall be denied to an
entity, or revoked, if a person with a substantial interest in such
entity owes such unpaid monies or has accrued such violations. A "person
with a substantial interest" shall mean an ownership interest of more
than 10% of, membership on the governing board of, holding an office
in or holding the ability to cast or control more than 10% of the
votes in such entity.

Notwithstanding the provisions contained in this section to the contrary,
when in the opinion of the Director of Code Enforcement the issuance
of a permit is necessary to prevent harm to life, safety, or the general
welfare of the public, the Director of Code Enforcement shall be authorized
to issue said permit for the sole and exclusive purpose of bringing
such violations into compliance with the Code of the City of Oswego.
Nothing contained herein shall relieve the property owner from complying
with all other applicable sections of the Code including, without
limitation, the provisions contained in this section.

No person shall construct or operate any disposal
facility which will emit more than five (5) grains per one hundred
(100) SCF of particulate matter and which cannot comply with the ambient
air quality standards for New York, as set forth in the New York Codes,
Rules and Regulations.

It shall be a violation of this Article to operate any waste disposal facility in such a manner as to allow the emission into the atmosphere of any air contaminants and particulate matter in excess of that allowed by Subsection A or in such quantity as may be detrimental to any person or the public or endangers the health, safety and welfare of the members of the community or which causes or has a tendency to cause damage to property or business.

The operation of any waste disposal facility equipped
with any type of air-cleaning device or other pollution control equipment
shall be conditioned upon demonstration and approval of a system for
treatment of pollutants and contaminants withdrawn by that equipment.

No person shall cause, permit or allow any waste or
hazardous substance to be handled, transported, stored, incinerated
or disposed of in any manner which allows or causes such waste material
to leach, leak, run off or enter the land or surrounding waters or
waterways, or both.

Records shall be kept of the receipt and disposal
of each barrel. These shall include the date of receipt and disposition,
the name and address of the generator of the waste and a complete
description of the contents of said barrel or container.

All waste material must be subjected to complete chemical
and physical quantitative and qualitative analysis before it is disposed
of, and a record of such analyses shall be kept available for inspection
by the City Engineer or his representative.

All employees of the disposal facility are to be instructed
in the proper inspection procedure and cleanup techniques on no less
than an annual basis, and records of such instruction shall be made
available to the City Engineer or his representative when the facility
is operating and at any other reasonable time.

The owner of any waste disposal facility may be, required
to conduct emission tests and submit written reports of measured emissions
during start-up and at regular intervals thereafter. The cost of such
testing shall be borne by the home owner of the disposal facility.

For the purpose of determining compliance with
the provisions of this Article, the owner, operator or authorized
representative of any waste disposal facility shall, upon request,
grant free access for inspection by the City Engineer or his authorized
representative.

Before undertaking such an inspection, the Engineer
or his authorized representative shall present to the owner, operator
or agent in charge of the facility appropriate credentials and a written
statement as to the reason for the inspection.

When a malfunction or emergency situation at any disposal
facility occurs which creates emissions which exceed any of the provisions
of this Article or any of the applicable state and federal regulations,
the owner and/or operator of the facility shall immediately notify,
by telephone, the following:

If, after having received such notice, the City Engineer
finds that continued operation of the disposal facility is contributing
to pollution of the air or water, or both, of the city and that such
pollution poses a danger to the public health, welfare and safety,
he shall order the facility to cease operation.

Such an order must be complied with immediately, and,
upon issuance of such an order, the Common Council, if requested by
the party affected by the order, shall schedule a hearing on the matter
within five (5) days.

Any person who knowingly violates the provision of
this Article shall be subject to a fine of one hundred dollars ($100.)
or to imprisonment for a period not to exceed three (3) months, or
both. Each day of violation shall constitute a separate offense.

Action pursuant to Subsection A shall not be a bar to enforcement of this Article by injunction or other appropriate remedy. The City Attorney shall have the power to institute and maintain any and all enforcement proceedings.

Nothing in this Article shall be construed to abridge
or limit the right of any person to damages or other relief or account
of injury to person or property and to maintain any appropriate action
or proceeding therefor.

Any permit granted under the provisions of this Article
may be suspended for not longer than sixty (60) days for violation
of any provision of this Article or whenever, in the written and documented
opinion of the Common Council, the New York Department of Public Health
or the New York Department of Environmental Conservation, the continued
operation of any waste disposal facility would endanger the health,
welfare or safety of the public. The notice of suspension may be served
upon the owner personally or by leaving a copy at the facility with
the person in charge.

Any permit may be revoked at any time for violation
of any provision of this Article. Revocation may occur only after
the Common Council has held a public hearing at which the owner and
other persons interested in the facility shall have had the right
to be heard.

In the case of a suspension, upon written notification
from the owner that all violations for which the suspension was invoked
have been corrected, the City Engineer or his authorized representatives
shall inspect the disposal facility within five (5) working days after
receipt of the notice. If it is determined from this inspection that
the violations have been corrected, the Common Council shall immediately
terminate the suspension by written notice to the owner.

If any court of competent jurisdiction shall adjudge
any provision of this Article to be invalid, such judgment shall not
affect any other provisions of this Article not specifically included
in the judgment.

If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this Article to a particular
structure, site, facility or operation, such judgment shall not affect
the application of the provisions in question to any other structure,
site, facility or operation not specifically included in the judgment.

Where the conditions imposed by any provision of this
Article are more restrictive than comparable conditions imposed by
any other applicable law, ordinance, rule or regulation, the provision
which establishes the higher standards for the promotion and protection
of the public health, safety and general welfare shall prevail.

For purposes of protecting and providing for
the public health, safety and welfare, the governing body may impose
additional requirements for the operation of waste disposal facilities,
consistent with the intent of this Article.

Any individual, association, partnership, firm or corporation
in any business dealing with construction or the collection of junk;
and any individual, association, partnership, firm or corporation
which owns a truck which is not licensed for refuse collection.

Any individual, association, partnership, firm or corporation
who owns, controls or operates motor vehicles with the intention to
haul waste for a fee and operates a vehicle with a gross weight in
excess of 18,000 pounds.

Any individual, association, partnership, firm or corporation
who owns, controls or operates motor vehicles with the intention to
haul waste for a fee and operates a vehicle with a gross weight under
18.000 pounds.

The owner, agent, lessee, tenant, occupant or other person
who manages or controls a building, house or lot who or which causes,
creates or contributes to the origination of refuse or who is responsible
for its storage, removal or disposal.

Waste collection shall comply in every detail
to the standards set forth in this Article and with all applicable
county, state and national laws. No person shall engage in any form
of waste collection operation without obtaining a license from the
Common Council.

It shall be unlawful for any person to dump,
place, deposit or permit to be deposited upon any public or private
property, or upon any street, sidewalk or other public place in the
City of Oswego, any garbage, ashes, rubbish, yard wastes, building
debris or other objectionable wastes, except as hereinafter provided.

No person shall make or assist in the making of any
fire for the burning of any waste product refuse of any kind, including,
but not limited to, garbage, paper, paper products, cartons, tree
trimmings, leaves, brush and lawn or garden debris of any kind, at
any time in any public street or public place within the City of Oswego.

No person shall conduct on-site open burning of rubbish
generated by residential activities, including, but not limited to,
garbage, rubbish, paper, paper products, cartons, tree trimmings,
leaves, brush and lawn or garden debris of any kind at any time or
any place, including his own property, within the limits of the City
of Oswego.

All residents who utilize the county landfill for
the disposition of their own solid wastes must obtain an annual sticker
or punch card issued in accordance with the rules promulgated by the
Oswego County Department of Public Works, Solid Waste Division.

Licenses required. No collector shall collect any
solid wastes within the City or transport any solid wastes over the
streets of the City without having first obtaining a license from
the City Clerk. Solid wastes originating from the collector’s
own property shall be excluded from the licensing requirements.

Collector’s application for a license. All applications
for a collector’s license shall be in writing and shall contain
such information as the Common Council shall require and shall be
verified by the applicant. Applications for a license shall be obtained
at the office of the City Clerk on forms provided by said office.
The applicant shall file with his application a certificate or affidavit
of insurance as hereinafter set forth and shall play the required
license fee. Upon receipt of such application properly executed, the
City Clerk shall refer the same to the Common Council for its approval
before issuing the license.

Insurance. The certificate or affidavit to be filed
with the application shall be executed by the representatives of a
duly qualified insurance company evidencing that said insurance company
has issued liability and property damage insurance policies covering
the following:

The certificate or affidavit shall specifically evidence
the following amounts of insurance coverage which shall remain in
effect for the term of the license, name the City of Oswego as additional
insured and shall provide that written notice be given to the City
Clerk 30 days prior to any change in the conditions of the certificate
or expiration or cancellation thereof:

Upon notice from the City Clerk that an application
has been received, the Common Council shall make or cause to be made
an inspection by the Police Chief, or his designee, to determine that
all New York State inspection requirements have been complied with
and in addition to any and all requirements contained the Solid Waste
Collection Ordinance; and if the same meets the requirements herein
specified, the Common Council shall file its approval with the City
Clerk.

Additional inspections or investigations of equipment
and operations may be made from time to tin at the discretion of the
Police Chief. A violation of the conditions of this article may result
in a fine and/or a revocation of the applicant's license as may be
determined by the Common Council.

Issuance of license. Upon receipt of approval from
the Common Council, the filing of the proper certificates and affidavits
of insurance and the payment of the license fee, the City Clerk shall
thereupon issue the applicant a license. All licenses shall expire
on December 31 following the date of issue.

Renewal of license. Renewal licenses shall be issued
in the same manner and subject to the same conditions as original
licenses and also shall be subject to any additional requirements
in effect at the time of application for renewal.

Issuance of duplicate licenses. Whenever proof by
means of a sworn affidavit shall be submitted to the City Clerk that
a license issued for the purpose set forth in this article has been
lost or destroyed, the City Clerk may, upon payment of $5 by the applicant,
issue a new license in lieu of the one that has been lost or destroyed.

Revocation of license. Upon receipt of three or more
complaints against a licensee, the Common Council, after a hearing,
shall have the power to suspend or revoke a license granted or renewed
pursuant to this article for violation of any part of this article
or any applicable rules, regulations, codes or ordinances relating
to the collection, handling, hauling or disposal of solid wastes.

Condition of vehicles. All vehicles used in the transportation
of solid wastes within the City shall be kept in a sanitary condition
and shall be so constructed so as to prevent leakage in transit. The
body of the truck shall be wholly enclosed or shall at all times be
kept covered with an adequate cover. Loading of vehicles shall be
done in such a manner as to prevent spilling or loss of contents.

Frequency of collections. Collection of solid wastes
from private residences shall be made not less than once a week. All
acceptable wastes in approved containers placed out for collection
shall be collected at each pickup. Collections of garbage from stores,
hotels, restaurants, clubs, boardinghouses or other commercial establishments
must be made on a regular schedule.

Pickup service. Each waste collection licensee hereunder
shall provide an adequate and prompt response to all complaints from
patrons on missed service and improper handling and shall promptly
furnish the missed service and correct the improper handling. Such
service shall be promptly available to service complaints from any
City official for material improperly deposited within the limits
of the streets or highways during transit.

License required. No contractor shall collect any solid wastes within the City or transport any solid wastes over the streets of the City without first having obtained a license from the City Clerk and having paid the approved license fee as set forth herein (§ 207-20C).

Any collector who violates any provision of this article
or fails to comply with the orders of the local Police Department
shall be liable for a fine not exceeding $500 for a single violation
or a failure. Each day during which a violation continues shall be
deemed to be a separate and distinct violation.

Any other person who violates any provision of this
article or fails to comply with the orders of the local Police Department
shall be liable to a fine not exceeding $100 for a single violation
or failure. Each day during which a violation continues shall be deemed
to be a separate and distinct violation.